Workers’ compensation and third-party claims

On Behalf of | Mar 3, 2023 | Workers' Compensation

Workers’ compensation is insurance that benefits employees injured on the job or who become ill due to their employment. These benefits can include medical treatment, wage replacement, and other related expenses. The workers’ compensation can become more complicated when a third-party claim becomes a viable option.

If you receive an injury on the job, you must report it to your employer immediately. Failure to do so can result in a denial of benefits. Once you report the injury, you should seek medical attention. Your employer may have a preferred provider network of doctors that you must use, or you may be able to choose your doctor. You may access wage replacement benefits if you cannot work after your injury.

Causes for third-party claims

If the negligence of your employer or a coworker caused your injury, you might have the option to file a third-party personal injury case. However, New Jersey limits the amount your employer’s insurance company must pay after a third-party claim.

Limitations on liability

According to the N.J.S.A. 34:15-40, employers only must cover the difference for medical expenses after an employee recovers a sum from a third party. If the personal injury claim recovers more than the employer’s liability, workers’ compensation insurance does not have to pay for any more damages.

If you suffered an injury on the job, it is vital to understand your rights under workers’ compensation. Injuries caused by negligence by your employee or coworker might open up the possibility of a personal injury claim. Taking immediate action after a workplace injury is vital so you do not lose out on compensation.